DINA BAWRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment of the learned Sessions Judge, Jorhat, convicting him under Section 302 of Indian Penal Code. On conviction, the appellant has been sentenced to undergo ligorous imprisonment for title. A fine of Rs 1000/- has been imposed. In default of payment of fine, the appellant husband setenced to undergo further rigorous improsonment for 6 months.

(2.) In this case the appellant is alleged to have committed double murder of his own mother and sister aged 7 years. Two questions -one factual and the other legal are involved in the appeal. The factual question is whether the prosecution has been able to prove its case beyond reasonable doubt. If it is held that the appellant is guilty of the commission of the murders, the important and significant question of law which arises in the appeal is whether the case in hand falls under the category of rarest of rare case warranting imposition of maximum penalty of death. Coming to the first question about the guilt of the accused, the prosecution case as has been unfolded in the First Information Report (FIR) and the evidence brought on the record of the case needs discussion of detail.

(3.) The FIR in this case was lodged in the police out post Deberapara, district-Jorhat, at 2.15 P.M. on 16.5.93 by none else than the elder brother of the accused Bhim Bawri alleging therein that on 15.5.93 at about 7.30 p.m. his younger brother Dina Bawri closed the door of the house, poured kerosene oil on his mother and 7 years old sister and set them on fire inside the house. It is further alleged in the FIR that thereafter the accused ran away and hid himself in a nearby Nagabasti. The condition of the mother and the sister was alleged to be serious. The victims, it was stated, were undergoing treatment at Chinamora Central Hospital. It was further stated in the FIR that with the help of the local people the accused has been caught from Nagabasti and was handed over at the outpost. The case which was registered under Section 326/307 of the Indian Penal Code was ultimately converted to Section 302 IPC after the victims died in the hospital.